Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88238874 HALO (Stylized and/or with Design, see http://uspto.report/TM/88238874/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 001 for Metallic particles; powdered metals; powdered metal oxides; mixtures of powdered metal oxides and powdered metals; metallic particles, powdered metals, powdered metal oxides, mixtures of powdered metal oxides and powdered metals used in chemical reactions, chemical processes or electro-chemical systems
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Metallic particles; Metallic particles for use in lead acid batteries, lubricants, radiological personal protective equipment, X-ray shielding coatings, glass and ceramics, optical quality glass, anti-corrosive paints, weight balancing or counter balance devices, ammunition, explosives, electronic glass and ceramics, rubber, paste and polymer dispersions, metal containing chemicals, metal and metal alloy solders; powdered metals; Powdered metals for use in the manufacture of lead acid batteries, lubricants, radiological personal protective equipment, X-ray shielding coatings, glass and ceramics, optical quality glass, anti-corrosive paints, weight balancing or counter balance devices, ammunition, explosives, electronic glass and ceramics, rubber, paste and polymer dispersions, metal containing chemicals, metal and metal alloy solders; powdered metal oxides; Powdered metal oxides for use in the manufacture of lead acid batteries, lubricants, radiological personal protective equipment, X-ray shielding coatings, glass and ceramics, optical quality glass, anti-corrosive paints, weight balancing or counter balance devices, ammunition, explosives, electronic glass and ceramics, rubber, paste and polymer dispersions, metal containing chemicals, metal and metal alloy solders; mixtures of powdered metal oxides and powdered metals; Mixtures of powdered metal oxides and powdered metals for use in the manufacture of lead acid batteries, lubricants, radiological personal protective equipment, X-ray shielding coatings, glass and ceramics, optical quality glass, anti-corrosive paints, weight balancing or counter balance devices, ammunition, explosives, electronic glass and ceramics, rubber, paste and polymer dispersions, metal containing chemicals, metal and metal alloy solders; metallic particles, powdered metals, powdered metal oxides, mixtures of powdered metal oxides and powdered metals used in chemical reactions, chemical processes or electro-chemical systems; Metallic particles, powdered metals, powdered metal oxides, and mixtures of powdered metal oxides and powdered metals, all used in chemical reactions, chemical processes or electro-chemical systemsClass 001 for Metallic particles for use in lead acid batteries, lubricants, radiological personal protective equipment, X-ray shielding coatings, glass and ceramics, optical quality glass, anti-corrosive paints, weight balancing or counter balance devices, ammunition, explosives, electronic glass and ceramics, rubber, paste and polymer dispersions, metal containing chemicals, metal and metal alloy solders; Powdered metals for use in the manufacture of lead acid batteries, lubricants, radiological personal protective equipment, X-ray shielding coatings, glass and ceramics, optical quality glass, anti-corrosive paints, weight balancing or counter balance devices, ammunition, explosives, electronic glass and ceramics, rubber, paste and polymer dispersions, metal containing chemicals, metal and metal alloy solders; Powdered metal oxides for use in the manufacture of lead acid batteries, lubricants, radiological personal protective equipment, X-ray shielding coatings, glass and ceramics, optical quality glass, anti-corrosive paints, weight balancing or counter balance devices, ammunition, explosives, electronic glass and ceramics, rubber, paste and polymer dispersions, metal containing chemicals, metal and metal alloy solders; Mixtures of powdered metal oxides and powdered metals for use in the manufacture of lead acid batteries, lubricants, radiological personal protective equipment, X-ray shielding coatings, glass and ceramics, optical quality glass, anti-corrosive paints, weight balancing or counter balance devices, ammunition, explosives, electronic glass and ceramics, rubber, paste and polymer dispersions, metal containing chemicals, metal and metal alloy solders; Metallic particles, powdered metals, powdered metal oxides, and mixtures of powdered metal oxides and powdered metals, all used in chemical reactions, chemical processes or electro-chemical systems
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant hereby adds the following class of goods/services to the application:
New: Class 006 for Semi-wrought common metals in particle and powdered form, for further manufacture into parts made from compressed metal powders to be sintered, heat treated or machined; Semi-wrought common metals in particle and powdered form, for further manufacture into metal parts made from extruded metal powders to be sintered, heat treated or machined; Semi-wrought common metals in particle and powdered form, for further manufacture into metal parts made from 3D printed metal powders to be sintered, heat treated or machined; Semi-wrought common metals in particle and powdered form, for further manufacture into parts made from polymer or ceramic encapsulated metal powders; Semi-wrought common metals in particle and powdered form, for further manufacture into metal powder containing lubricants; Semi-wrought common metals in particle and powdered form, for further manufacture into metal powder containing propellants; Semi-wrought common metals in particle and powdered form, for further manufacture into metal powder containing explosives
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
APRIL L. BESL
DINSMORE & SHOHL LLP
255 E. 5TH STREET, SUITE 1900
CINCINNATI
Ohio
US
45202

Proposed:
APRIL L. BESL of DINSMORE & SHOHL LLP, having an address of
255 E. 5TH STREET, SUITE 1900 CINCINNATI, Ohio 45202
United States
april.besl@dinsmore.com;govinda.davis@dinsmore.com; trademarks@dinsmore.com
513-977-8527
513-977-8141
The docket/reference number is 89653-15 .



FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Govinda M. Davis/     Date: 03/26/2019
Signatory's Name: Govinda M. Davis
Signatory's Position: Attorney of record, Ohio Bar member

Signatory's Phone Number: 513-977-8200

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    APRIL L. BESL
   DINSMORE & SHOHL LLP
   255 E. 5TH STREET, SUITE 1900
   CINCINNATI, Ohio 45202
        
RAM Sale Number: 88238874
RAM Accounting Date: 03/26/2019
        
Serial Number: 88238874
Internet Transmission Date: Tue Mar 26 12:16:43 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190326121643835
716-88238874-620e6ac50495a2726eaea659618
0d2b97c522a369f8c7a3aef2d765dc887e1c59f-
CC-10685-20190326121211263442